2000 Session Laws Chapter 173

ENTITLED, An Act provide penalties for certain violations of cremation laws.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. That § 34-26A-5 be amended to read as follows:

34-26A-5. No person may cremate any human remains, except in a crematory licensed for this express purpose and under the limitations provided in this chapter. A violation of this section is a Class 2 misdemeanor.

Section 2. That § 34-26A-27 be amended to read as follows:

34-26A-27. Cremated remains may be scattered over a public waterway or sea, or on the private property of a consenting owner pursuant to the provisions of this chapter, if they are reduced to a particle size of one-eighth inch or less. A person may utilize a boat or airplane to perform the scattering. Cremated remains shall be removed from their closed container before they are scattered. Any person who scatters human remains, pursuant to this section, shall file with the local registrar of births and deaths, in the county nearest the point where the cremated remains are

to be scattered, a verified statement containing the name of the deceased person, the time and place of death, the place at which the cremated remains are to be scattered, and any other information that the local registrar of births and deaths may require. If cremated remains are to be scattered pursuant to this section, the crematory authority may not release the cremated remains to the authorizing agent before thirty days after the date of the cremation and until the crematory authority has been provided with a receipt indicating that the proper filing has been made with the local registrar of births and deaths. A violation of this section is a Class 2 misdemeanor.

Signed February 28, 2000.